East Northport, NY asked in Employment Discrimination and Employment Law for New York

Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says that he has video but won't actually show me. I think he's bluffing.But my boss or employer is now holding my check and is not paying me. Last week when i was supposed to get payed he lied and said that it was not here. This past tuesday i called him and asked where my check is and he said that he was coming that night to give me my check when i was at work, and he never came. And now today on saturday i am finding out that my checks are on hold until i pay for the expenses for the door.

2 Lawyer Answers
Derek John Soltis
Derek John Soltis
Answered
  • Employment Law Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: New York doesn't allow an employer to deduct pay for losses related to breakage or even cash shortages. Withholding your paycheck is a big no-no.

Look up this document:

https://labor.ny.gov/formsdocs/wp/cr195.pdf

Section 195-2.1

Brian Greben agrees with this answer

Brian Greben
Brian Greben
PREMIUM
Answered
  • Employment Law Lawyer
  • Great Neck, NY
  • Licensed in New York

A: What your employer is doing is unlawful. He's not allowed to delay payment of your check, and taking money of your pay to reimburse him for alleged damages would be an unlawful deduction.

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